USCIS Regulatory Frameworks & Compliance 3 — Questions and Answers
Question 1: Under the Immigration and Nationality Act (INA), which section addresses inadmissibility on health-related grounds?
- INA § 201
- INA § 212(a)(1) (Correct answer)
- INA § 245
- INA § 316
Correct answer: INA § 212(a)(1)
INA § 212(a)(1) lists the health-related grounds of inadmissibility, including communicable diseases, physical or mental disorders, and drug abuse.
Question 2: A completed I-693 form is generally valid for submission to USCIS for how long after the civil surgeon signs it?
- 6 months
- 1 year
- 2 years (Correct answer)
- 3 years
Correct answer: 2 years
USCIS policy generally allows an I-693 to be submitted up to 2 years after the civil surgeon's signature date, though USCIS must adjudicate before it turns 4 years old.
Question 3: Which of the following applicant populations is exempt from the vaccination requirements of the immigration medical exam?
- Applicants over age 65
- Applicants filing from outside the United States
- Refugees adjusting status under INA § 209 (Correct answer)
- Applicants with prior green card denials
Correct answer: Refugees adjusting status under INA § 209
Refugees adjusting status under INA § 209 are exempt from vaccination requirements because they underwent overseas medical screening as part of the refugee admissions process.
Question 4: When a civil surgeon discovers a Class B condition during the immigration medical exam, what must occur?
- The applicant is automatically denied a green card
- The condition is noted on the I-693 but does not render the applicant inadmissible (Correct answer)
- The applicant must be deported immediately
- The civil surgeon must report directly to USCIS within 24 hours
Correct answer: The condition is noted on the I-693 but does not render the applicant inadmissible
Class B conditions are physical or mental abnormalities that are not disqualifying but must be documented on the I-693 for USCIS awareness.
Question 5: Which body of law authorizes the Secretary of HHS to designate communicable diseases of public health significance for immigration purposes?
- The Public Health Service Act (Correct answer)
- The Social Security Act
- The Americans with Disabilities Act
- The Affordable Care Act
Correct answer: The Public Health Service Act
The Public Health Service Act grants the Secretary of HHS the authority to designate communicable diseases that are grounds for immigration inadmissibility.
Question 6: If an applicant has a mental disorder associated with harmful behavior, how is this classified for immigration purposes?
- Class B condition requiring a treatment plan
- Class A condition potentially making the applicant inadmissible (Correct answer)
- Not a ground for inadmissibility under any circumstances
- A Class C condition requiring specialist referral only
Correct answer: Class A condition potentially making the applicant inadmissible
A mental disorder associated with harmful behavior is a Class A condition that can render an applicant inadmissible under INA § 212(a)(1)(A)(iii).
Question 7: Civil surgeons are required to retain copies of completed I-693 forms for a minimum of how many years?
- 1 year
- 2 years
- 3 years (Correct answer)
- 5 years
Correct answer: 3 years
USCIS requires civil surgeons to retain copies of completed I-693 forms and supporting documentation for a minimum of 3 years.
Under the Immigration and Nationality Act (INA), which section addresses inadmissibility on health-related grounds?